Counterstatement in Trade Mark Opposition Proceedings (Form TM-9) (India) by Trade Marks Registry
This document is a formal counterstatement form (TM-9) used to respond to an opposition against a collective or certification trademark application. It allows applicants to list the grounds for supporting their application and admit specific allegations made by the opposing party.
FORM TM-9
THE TRADE MARKS ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee : Rs.1500
Form of counterstatement in respect of collective mark or certification trade mark. Section 64, 66, 73 and 77 rule 131 to 133 and 137 to 140
(To be filled in quadruplicate)
In the matter of an Opposition NO...to application No...for registration of a Collective mark or a Certification trade Mark.$^{1}$
I(or we)$^{2}$ ...the applicant(s) in respect of the above numbered application, hereby give notice that the following are the grounds on which I (or we) rely as supporting my(or our) application.
I (or we) admit the following allegations in the notice of opposition:
All communications relating to these proceedings may be sent to the following address in India
Dated this ...day...20...
$^{3}$ SIGNATURE
NAME OF SIGNATORY IN LETTERS
To
The Registrar of Trade Marks,
The Office of the Trade Marks Registry at [4]...
Strike out whichever is not applicable
Insert full name and nationality. An address for service in India should be given if the opponent has no place of business or of residence in India.
Signature of the applicant or of his agent.
State the name of the place of the appropriate office of the Trade Marks Registry- See Rule 4.
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About this template
What is this template?
This is a formal statutory filing used to contest an opposition to a trade mark registration. It is specifically for collective and certification marks rather than standard individual trade marks. It requires the applicant to specify which allegations in the opposition notice are admitted and to state the grounds supporting the application.
When should you use it?
Use this form when you receive a notice of opposition to your collective or certification mark application under the Trade Marks Act 1999. Use a standard counterstatement form instead if the opposition concerns a regular individual trade mark.
Who it's for
- an applicant defending a collective mark application against a formal opposition in India
- an entity responding to an opposition against a certification trade mark registration
- a trade mark agent filing grounds of support for a contested application
How long it runs and how it's signed
Law it's drafted under
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